You risk a Sh10 million fine or 10 years in jail if you vandalise, steal, set ablaze or deface essential state or private infrastructure under a new Bill.
Besides, the court may compel you to shoulder the cost of repair.
The Protection of Critical Infrastructure Bill, 2024 seeks to safeguard state infrastructure from wanton vandalism and destruction.
“This Bill aims to create a legal framework that will enhance the protection of critical infrastructure in the Republic of Kenya,” the Bill states.
The proposed law defines critical infrastructure as any designated physical or virtual system, facility, establishment, premises, installation or equipment, whether owned by a public or private entity.
Such infrastructure is essential for the provision of services to the public, or the functioning of the government or enterprises.
It includes security installation, transport network, communication network and water systems which if damaged or destroyed, would have a debilitating impact on the security, economy, public health and safety of the country.
In the tough Bill sponsored by Trans Nzoia Senator Allan Chesang, a person who willfully, negligently or without authorisation vandalises critical infrastructure shall have committed an offence.
Equally, one who damages, removes, tampers with, touches or in any other way interferes with critical infrastructure will be held culpable.
Anyone who removes defaces or destroys any critical infrastructure or part thereof, or wrecks, derails, or disables the same, shall have committed a felony.
“A person who sets to fire, places or causes to be placed any biological agent, toxin, destructive device or other dangerous substance for use as a weapon, destructive substances commits an offence…” the Bill states.
On conviction, punitive measures include “… a fine of not more than Sh10 million, or to imprisonment for a term of not more than 10 years, or to both…”
In addition, the court shall order for the convicted person to repair the damage occasioned to the critical infrastructure asset.
The Bill comes at a time when both private and public property have suffered destruction during recent anti-government protests.
Part of Parliament, for instance, was torched and other key infrastructure destroyed allegedly by goons who invaded the demos.
At one time, President William Ruto stated that property worth Sh2.4 billion was destroyed during the demos.
The Bill establishes the Critical Infrastructure Protection Committee, which shall among others, consider applications for declaration of infrastructure as critical.
“Any public or private entity may request the Committee to designate any assets or facilities under its control or ownership as critical infrastructure,” the Bill states.
It will map out policy, strategies and measures for the protection of critical infrastructure.
“The Committee shall formulate guidelines on how the owners of Critical Infrastructure Assets shall mark, identify and secure Critical Infrastructure Assets,” the proposed law says.
An asset shall qualify for declaration as critical if the functioning of such infrastructure is essential for the national economy, national security, public safety and continuous provision of basic public services.
Each county shall propose such assets that meet the requirements of the Act for designation as critical infrastructure assets.
“The county governments shall provide the Committee with information and maps regarding the location of the critical infrastructure assets,” the Bill says.
The committee shall consist of PSs for Interior, Finance, Energy, Transport and Infrastructure, ICT, Health and Natural Resources.
Other members are the Attorney General, Chief of Defence Forces, Police IG, NIS director general and two persons nominated by the Council of Governors.
